Originally Posted by paulry (Post 8303000)

Good advice, TP :thumbup:

I understand (and take my hat off to) your good intentions Bernie, but you need to think long and hard before you decide to exit your marriage with nothing. While I fortunately havent been in an "exit marriage" situation myself, I have been in a situation where I've made what I considered at the time to be an honourable/dignified decision which placed me at financial disadvantage. The outcome of that was I was subsequently screwed over by the other parties. My point is don't expect to be treated in the same way by others because it won't necessarily happen. And if your "ex to be" has behaved in a less than honest/honourable way in the past then you have no reason to expect that she'll do anything other than that once you've given her what she wants. Sorry to waffle on :rolleyes::o

Good luck mate.

Originally Posted by TiddlyPom (Post 8302941)

You do not have to pay for anything.
Under Australian law, the only type of divorce is 'No fault divorce'.

This means, regardless of behaviour of either person, the assets, money etc are all put into a pot and split between the two. It matters not whether one person has had it tough or not.
Anything you bought into the marriage with you, stays with you. Anything they bought, stays with them. Inheritance money and goods belong to the person whom inherited it.
If one partner is deemed to have a reduced lifestyle because of the divorce, then that person can claim up to 65% of the split. For example, if a mother gave up her job to look after children at home and the ex partner earns a shite load of money... that sort of thing.

Regardless of whether you bought nothing into the marriage, you supported and earned money and therefore, you are entitled to 50% of the house, goods etc.
To not claim these out of a misguided sense of pride is daft. You don't know what's round the corner and you don't know when you might need money or goods. It costs a lot of money to set up a new life and this has to be taken into consideration.

Oz said correctly, that the time you will feel you should have claimed is the time in the future when you're feeling really good about yourself. I can't stress enough that you really need to do this legally and get it over and done with. It's part of moving on.

You do not have to hire a lawyer to do any of this. The court in Australia prefers you to have a mediation session first. Your local family relationships centre is the place you go for this. If you are the applicant, you have two sessions in interview with the mediator. They then decide how to proceed.

If you've been the subject of domestic abuse (verbal abuse, name calling, shouting, intimidation, having your support networks cut out from underneath you such as your friends being told untruths about you) then you can be given an exemption certificate and then you can apply to the court to sort it out for you.
If there's no abuse and you are happy to mediate, then your mediator will help split everything up, draw up the paperwork and you're done.
You pay an amount according to how much you actually earn, so if you're a low income, then you pay less.

It's much more sensible and stops the situation ending up in court... so be careful what you choose so it doesn't bite you on the bum later. Good luck with whatever you choose.

http://www.legalaid.qld.gov.au/Legal...+law+works.htm

Originally Posted by paulry (Post 8303054)

:lol:;)

Why are most of the emoticons bald?

Originally Posted by spartacus (Post 8303044)

Well said yet again TP . . . you really are becoming the Barbie's very own Judge Judy.

Originally Posted by TiddlyPom (Post 8303095)

I'll take that as a compliment .. I love her!

Baldy!

:D

Originally Posted by Bernieboy (Post 8300711)

I aint paying for shit pal:thumbdown:

Originally Posted by Bernieboy (Post 8303150)

Cresta,having me as an ex is worse than death:lol:


Cheers for all the info and input but im still going to leave with what i came into the marriage with, nothing,will sign the papers and move on:thumbup:

Originally Posted by cresta57 (Post 8303143)

Have you considered an assassin?:sneaky::confused:

Originally Posted by Bernieboy (Post 8303150)

Cheers for all the info and input but im still going to leave with what i came into the marriage with, nothing,will sign the papers and move on:thumbup:

Originally Posted by asprilla (Post 8303185)

no you're not bernie. I've already submitted the documents saying that you will be seeking a settlement. So get used to the idea.

Originally Posted by Beachband (Post 8303230)

I have read more or less all the comments here, I wasn't going to post on this..but what I will say is......look at it this way. You are leaving with what you got/as you started before....but. If you look at it from another angle - the time/money(which surely you did, when you lived with your OH, expenses with the house etc etc - You would of had your own place to live etc, but though being married - all that was set up, so you are actually leaving something behind - what you put into your life while you were with that person - And that actually accrues monetary value aswell..i.e If you hadn't of been married - would you of had your own place in Oz etc - that is how you should look at it.
I fully understand/as do everyone, with you leaving with the shirt on your back(as you started) - but that is through how the situation unfolded in the end - If you had of started out with the shirt on your back, and hadn't of been married - would you have accrued more? - That is why people look for half/settlement etc.

It's not about taking money from someone/ it's about what you would of had if you hadn't of been in this situation.

Best of luck

Originally Posted by Beachband (Post 8303230)

I have read more or less all the comments here, I wasn't going to post on this..but what I will say is......look at it this way. You are leaving with what you got/as you started before....but. If you look at it from another angle - the time/money(which surely you did, when you lived with your OH, expenses with the house etc etc - You would of had your own place to live etc, but though being married - all that was set up, so you are actually leaving something behind - what you put into your life while you were with that person - And that actually accrues monetary value aswell..i.e If you hadn't of been married - would you of had your own place in Oz etc - that is how you should look at it.
I fully understand/as do everyone, with you leaving with the shirt on your back(as you started) - but that is through how the situation unfolded in the end - If you had of started out with the shirt on your back, and hadn't of been married - would you have accrued more? - That is why people look for half/settlement etc.

It's not about taking money from someone/ it's about what you would of had if you hadn't of been in this situation.

Best of luck

Originally Posted by Pollyana (Post 8317632)

http://www.news.com.au/couriermail/s...0-3102,00.html

BRISBANE is the nation's divorce capital, with more than 190 marriages dissolved every week in the city's Federal Magistrates Court.
The busiest divorce court in the country processed almost 10,000 divorce applications last financial year, figures reveal.
But experts say it's not traditional Queensland couples driving the bust-up bonanza, rather it seems interstate and overseas migrants are breaking under the strain of being separated from family and friends.

Interesting.............:unsure:

Originally Posted by ozzieeagle (Post 8318506)

Not sure whether this is relevant.... But everyone in football circles "Knows" that SEQueensland supporters are the most fickle in the country..... It's more than just fickle though its fickle with a vengance. I suppose supporting a team can be compared to a marriage in someways.

Shaking our heads in disbelief @ GCU and BRoar... especially when you compare Adelaide, Wellington and NQF (Townsville)....

Originally Posted by raspberrykitty (Post 8318494)

Take her to the cleaners!

Originally Posted by Pollyana (Post 8318834)

Most blokes I have known are more loyal to their football teams than to their wives :blink:

Originally Posted by Pollyana (Post 8318834)

Most blokes I have known are more loyal to their football teams than to their wives :blink:

Originally Posted by Bernieboy (Post 8318853)

A win for yer team is soooooo much better than sex with the wife,mind you even a heavy defeat for my team was better than sex with my ex:zzz:

Originally Posted by Carbery (Post 8319127)

Good job your a Leeds fan then:sneaky:

Originally Posted by Bernieboy (Post 8318853)

A win for yer team is soooooo much better than sex with the wife,mind you even a heavy defeat for my team was better than sex with my ex:zzz:

Originally Posted by Dorothy (Post 8319175)

And yet you married her. :confused: Did you not know this before getting married?

Originally Posted by kporte (Post 8319176)

Hard to tell after a one minute test drive........

Originally Posted by Dorothy (Post 8319190)

Well if it only lasted a minute maybe she's saying the same thing about sex with him.

Originally Posted by kporte (Post 8319196)

That included undressing too.

Originally Posted by moneypenny20 (Post 8325161)

One wonders why she married him then. :sneaky:

Originally Posted by iamthecreaturefromuranus (Post 8325360)

because he can lick his own eyebrows?

Originally Posted by Louiseh86 (Post 8325405)

I'd sign the papers. That way if you unexpectedly passed away she wouldn't be your next of kin. She wouldn't get what ever stuff you have.

Man up and move on. :)

Originally Posted by mindblower (Post 8325560)

[:

Originally Posted by kporte (Post 8325564)

Women, all the same when the shit hits the fan !
Look after yourself, or you will regret in later life.

Originally Posted by kporte (Post 8325564)

Bit cynical mate! That's not really true....

Originally Posted by Dorothy (Post 8325594)

No, it's not at all. Ask my first husband who walked away with the house, bank accounts and me paying for the divorce.

Mind you, I did get to keep my car which only had 3 years' payments due.